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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff (hereinafter “the Plaintiff”) is a company that owns sea sand gathering and transport barge and tugboat boats in the 153 YYYYYYYYYYYYYYYYYYYYYYYYYYYY 153 Gyeongcheon-gun, Seocheon-gun, Chungcheongnam-gun, and carries on aggregate extraction business and maritime cargo transport business.
B. On May 19, 2008, the Plaintiff purchased Nos. 32 32, a barge for sand collection and transport (67.28m in length, 14.00m in width, 5.00m in depth, 987m in gross tonnage, hereinafter “instant vessel”) and completed the registration of ownership transfer on the ship registry on May 21, 2008.
However, on the deck of the instant vessel, “i” is attached to each other, which is a structure to attract pumps and strings for dredging sea sand, and “mast” is installed, which is a pole to attach an external radar antenna, and the instant vessel goes through below the intersection angle, it is necessary to secure a traffic altitude of the instant vessel at least a certain height (referred to as “traffic altitude”, “airway”, and “flost height”, and refers to the height of distance between the sea and the intersection board; hereinafter “traffic altitude”).
C. Meanwhile, on September 16, 2008, the Korea Land, Transport and Maritime Affairs (the name of the Ministry of Land, Transport and Maritime Affairs was changed to the Ministry of Land, Transport and Maritime Affairs on March 23, 2013) rendered a public announcement of the determination of a road zone (hereinafter “determination of determination of the instant road zone”) with respect to military funeral construction works among the four line lines of the national road under Article 24 of the former Road Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Road Act”).
The plaintiff, around September 17, 2009, decided that the passage height of the military bridge is 20 meters at the Dolsan Regional Land Management Office of the Republic of Korea, and the ship of this case is the Gun guard.